City Hall, Council Chamber  
100 Santa Rosa Avenue  
Santa Rosa, CA 95404  
City of Santa Rosa  
City Council  
Regular Meeting Minutes - Final  
Tuesday, December 14, 2021  
1:30 PM  
1. CALL TO ORDER AND ROLL CALL  
Mayor Rogers called the meeting to order at 1:30 p.m.  
7 -  
Present:  
Mayor Chris Rogers, Council Member Natalie Rogers, Vice Mayor  
Eddie Alvarez, Council Member Victoria Fleming, Council Member  
John Sawyer, Council Member Tom Schwedhelm, and Council  
Member Jack Tibbetts  
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS  
PUBLIC COMMENT  
Duane De Witt spoke on the importance of keeping wages in check  
even with the City receiving ARPA and PG&E settlement funds, on  
Item 2.1 expressed concern that taxpayers are not being made  
aware of the issue, and as the appellant on Item 2.3 and 15.1, he  
requested a continuance of the items stating he was not notified  
they were being discussed on today's agenda.  
Mayor Rogers adjourned to closed session at 1:35 p.m. to discuss  
Items 2.1, 2.2, and 2.3 as listed on the agenda.  
2.1  
CONFERENCE WITH LABOR NEGOTIATORS  
(Government Code Section 54957.6)  
Agency Designated Representatives: Alan Alton, Acting Chief Financial  
Officer, Amy Reeve, Human Resources Director, Jeremia Mills, Deputy  
Director - Human Resources and Jeff Berk, Chief Assistant City  
Attorney.  
Employee Organizations: Santa Rosa Firefighters Association - Local  
1401 (representing City Employee Unit 2); Operating Engineers Local 3,  
Maintenance and Utility System Operators (Employee Units 3 and 16);  
Santa Rosa City Employees Association (Employee Units 4, 6, 7);  
Santa Rosa Police Officers Association, (Employee Unit 5); Service  
Employees International Union Local 1021, (Employee Units 8 and 14);  
Public Safety Management Association (Employee Unit 9); Executive  
Management (Employee Unit 10); Middle Management (Employee Unit  
11); Confidential (Employee Unit 12); Mechanics (Employee Unit 13);  
City Attorney (Employee Unit 15); Santa Rosa City Attorneys’  
Association (Employee Unit 17), Santa Rosa Management Association  
(Employee Unit 18).  
This item was received and filed.  
2.2  
CONFERENCE WITH REAL PROPERTY NEGOTIATOR  
(Government Code Section 54956.8)  
Property: 555 1st Street, Santa Rosa, and 521 7th Street, Santa Rosa,  
APN’s 010-066-016 and 010-035-033  
Agency Negotiator: Jill Scott, Real Property Manager  
Negotiating Parties: County of Sonoma  
Under Negotiations: Price and terms of Parking Agreement.  
This item was received and filed.  
2.3  
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)  
Name of Case: Roseland Action, et al. v. City of Santa Rosa, et al.  
Sonoma County Superior Court Case No. SCV-269600  
This item was received and filed.  
Mayor Rogers adjourned closed session at 3:08 p.m. and reconvened to  
regular session at 4:00 p.m.  
3. STUDY SESSION - NONE.  
4. ANNOUNCEMENT OF ROLL CALL  
7 -  
Present:  
Mayor Chris Rogers, Council Member Natalie Rogers, Vice Mayor  
Eddie Alvarez, Council Member Victoria Fleming, Council Member  
John Sawyer, Council Member Tom Schwedhelm, and Council  
Member Jack Tibbetts  
5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS  
City Attorney Sue Gallagher reported Council met in closed session  
on Item 2.1, Conference with Labor Negotiators, Council gave  
direction to the negotiation team and no final action was taken; on  
Item 2.2, Conference with Real Property Negotiator, Council gave  
direction to the negotiation team and no final action was taken; and  
on Item 2.3, Conference with Legal Council on Existing Litigation of  
Roseland Action and Duane De Witt v. City of Santa Rosa, Council  
gave direction to legal counsel no final action was taken.  
No public comments were made.  
6. PROCLAMATIONS/PRESENTATIONS - NONE.  
7. STAFF BRIEFINGS  
7.1  
COVID-19 RESPONSE UPDATE  
This will be a standing item on the agenda. No action will be taken  
except for possible direction to staff.  
Interim City Manager Jeff Kolin reported the California Department  
of Health announced that effective December 15, 2021, masks will  
be required to be worn in all indoor public settings through January  
2022 regardless of vaccination status. Mr. Kolin reported on the  
new travel advisory effective immediately recommending all  
travelers arriving in California test for Covid-19 within 3-5 days after  
arrival regardless of vaccination status, and that 16 to 17 year olds  
can now receive booster shots.  
No public comments were made.  
8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS  
8.1  
REPORT OF SETTLEMENTS AND ACTIVE LITIGATION  
The City Attorney will report on settlements over $50,000 through  
November 2021 as well as provide a summary of pending litigation  
against the City.  
Attachments:  
City Attorney Gallagher reported that no settlements over $50,000  
were finalized in November; the case of Casey v. City of Santa Rosa  
and the County of Sonoma was settled for $110,000, with the  
amount being split evenly between the County and the City. City  
Attorney Gallagher reported there are 30 litigation cases, one filed  
from the Owners and Renters Rights Association challenging the  
City's short-term rental ordinance, nine code enforcement and  
receivership cases, nine matters of general litigation, six personal  
injury cases, five cases alleging police actions, and five Writs of  
Mandates.  
Mayor Rogers announced this is the last meeting for Interim City  
Manager Jeff Kolin with the Council. The Council made comments  
of thanks and appreciation to Mr. Kolin for his service during the last  
six months.  
Interim City Manager Kolin thanked the Council, expressing his  
pleasure in serving the Council and the community, being proud of  
the work the City has done, and is looking forward to volunteering in  
the community. Mr. Kolin announced the retirement of Chief  
Information Officer Eric McHenry from the City.  
No public comments were made.  
9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS  
Vice Mayor Alvarez announced he would be abstaining from Item  
15.1 due to his work in the cannabis industry.  
Council Member Rogers announced she would be abstaining from  
Item 11.2 due to not being in attendance at the meeting.  
Mayor Rogers announced he would be abstaining from Item 15.1  
due to helping write a technical ordinance on an independent  
consulting project with one of the groups assisting with the appeal.  
No public comments made.  
10. MAYOR'S/COUNCIL MEMBERS’ REPORTS  
Council Member Schwedhelm reported he attended the Public  
Safety Subcommittee meeting, and toured the Caritas Village  
project.  
Council Member Fleming announced the last meeting of the year for  
the on Metropolitan Transportation Commission will be held on  
Wednesday, December 15, at 9:00 a.m.  
Mayor Rogers announced he would be adjourning the meeting in  
memory of in Marie Durkin, the mother of Water Director Jennifer  
Burke.  
Council Member Tibbetts announced his resignation from the  
Council and as Chair of the Renewal Enterprise District effective  
December 21, 2021.  
Council Members thanked Council Member Tibbets for his service  
on the Council and in the community.  
10.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON  
REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD  
REPRESENTATIVE ON PENDING ISSUES, IF NEEDED)  
10.1.1 Council Subcommittee Reports  
10.1.2 Sonoma County Transportation Authority/Regional Climate  
Protection Authority (SCTA/RCPA)  
Mayor Rogers provided a brief report.  
10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee  
10.1.4 Association of Bay Area Governments (ABAG)  
10.1.5 Sonoma County Agricultural Preservation and Open Space District  
Advisory Committee  
10.1.6 Sonoma Clean Power Authority (SCPA)  
10.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste  
Management Agency (SCWMA))  
10.1.8 Groundwater Sustainability Agency (GSA)  
Council Member Schwedhelm provided a brief report.  
10.1.9 Home Sonoma County (HSC)  
10.1.10 Renewal Enterprise District (RED)  
10.1.11 Public Safety Subcommittee  
Council Member Fleming provided a brief report.  
10.1.12 Other  
11. APPROVAL OF MINUTES  
No public comments were made.  
11.1  
October 12, 2021, Regular Meeting.  
Attachments:  
This item was approved as submitted with Council Member Rogers  
abstaining due to being absent from the meeting.  
12. CONSENT ITEMS  
Item 12.5 was pulled for a separate vote.  
PUBLIC COMMENTS  
Duane De Witt spoke in opposition to the adoption of Item 12.8  
establishing the salary for the City Manager.  
Approval of the Consent Agenda  
A motion was made by Vice Mayor Alvarez, seconded by Council Member  
Tibbetts, to waive reading of the text and adopt Consent Items 12.1 through  
12.4 and Items 12.6 through 12.8. The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
12.1  
RESOLUTION - APPROVAL FOR FIRE DEPARTMENT TO  
PURCHASE TWO TYPE 1 PIERCE FIRE ENGINES  
RECOMMENDATION: It is recommended by the Fire Department that  
the Council, by resolution, approve the purchase by the Fire  
Department of two Type 1 Pierce Fire Engines up to a not-to exceed  
amount of $1,700,000 and delegate authority to the City Manager or  
designee to 1) utilize to the extent possible, cooperative purchasing  
through the Houston-Galveston Area Council (H-GAC) and H-GAC  
vendor Golden State Fire Apparatus, Inc., Sacramento, CA, including  
the issuance of any necessary purchase orders; and/or 2) negotiate  
and execute necessary documents and agreements for lease financing  
of the procurement provided staff determines such an arrangement is in  
the City’s best financial interest and the related documents and  
agreements for any cooperative purchase and/or lease financing are in  
a form approved by the City Attorney.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-222 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE PURCHASE  
OF TWO TYPE 1 PIERCE FIRE ENGINES IN AN AMOUNT NOT TO EXCEED  
$1,700,000  
12.2  
RESOLUTION - NATIONAL PRESCRIPTION OPIATE LITIGATION -  
DISTRIBUTOR SETTLEMENT AGREEMENTS  
RECOMMENDATION: It is recommended by the City Attorney that the  
Council, by resolution, authorize the City Manager to execute the  
following settlement agreements, subject to approval as to form by the  
City Attorney: (1) Participation Agreement to the Distributors Settlement  
Agreement and any and all documents ancillary thereto; (2)  
Participation Agreement to the Janssen Settlement Agreement and any  
and all documents ancillary thereto; (3) Proposed California  
State-Subdivision Agreement Regarding Distribution and Use of  
Settlement Funds- Distributor Settlement; and (4) Proposed California  
State-Subdivision Agreement Regarding Distribution and Use of  
Settlement Funds- Janssen Settlement; and directing use of settlement  
proceeds.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-223 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE CITY OF  
SANTA ROSA TO ENTER INTO SETTLEMENT AGREEMENTS AS PART OF  
THE NATIONAL PRESCRIPTION OPIATE LITIGATION, AUTHORIZING THE  
CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY AND  
DIRECTING USE OF SETTLEMENT PROCEEDS  
12.3  
RESOLUTION - AUTHORIZING CERTAIN CITY STAFF TO ENTER  
INTO AGREEMENTS AND EXECUTE OTHER DOCUMENTS WITH  
CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD)  
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MITIGATION  
(MIT) PLANNING AND PUBLIC SERVICES PROJECTS DEVELOPED  
IN RESPONSE TO THE 2017 TUBBS FIRE  
RECOMMENDATION: It is recommended by the Finance Department  
that the Council, by resolution, authorize the City Manager or Assistant  
City Manager in connection with Community Development Block Grant  
(CDBG) Mitigation (MIT) Planning and Public Services (PPS) projects  
developed in response to the 2017 Tubbs Fire, to enter into, execute  
and/or deliver the following: 1) the Standard Agreement and any and all  
subsequent amendments thereto with the State of California for the  
Grant; 2) all project applications and any and all related documentation  
related to the Agreement and to act on the City's behalf in all matters  
pertaining to all such applications and documentation; 3) all Notice(s) to  
Proceed, and any and all subsequent amendments thereto, if a grant  
application is approved; and 4) Funds Requests and all required  
reporting forms and other documentation as may be required for the  
Grant.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-224 ENTITLED: A RESOLUTION APPROVING  
AN ALLOCATION OF FUNDING, AN APPLICATION FOR FUNDING, AND  
THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS  
THERETO FROM THE 2019-2020 FUNDING YEAR OF THE CDBG  
MITIGATION (CDBG-MIT) RESILIENT PLANNING AND PUBLIC SERVICES  
PROGRAM  
12.4  
RESOLUTION - APPROVAL OF PARKING AGREEMENT WITH  
AIRPORT BUSINESS CENTER AND BLUE FOX PARTNERS FOR  
PARKING PERMITS FOR GARAGE 5 AND GARAGE 9 RELATED TO  
SETTLEMENT OF AIRPORT BUSINESS CENTER V. CITY OF SANTA  
ROSA LAWSUIT  
RECOMMENDATION: It is recommended by the Planning and  
Economic Development Department and the City Attorney’s Office that  
the Council, by resolution: 1) approve a Parking Agreement with Airport  
Business Center and Blue Fox Partners for Parking Permits in Garage 5  
and Garage 9 related to Settlement and Dismissal with Prejudice of  
Airport Business Center v. City of Santa Rosa (Sonoma County Civil  
No. SCV-267372); and 2) authorize the City Manager to execute the  
Parking Agreement.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-225 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PARKING  
AGREEMENT WITH AIRPORT BUSINESS CENTER FOR PARKING  
PERMITS FOR GARAGE 5 AND GARAGE 9 RELATED TO SETTLEMENT OF  
AIRPORT BUSINESS CENTER V. CITY OF SANTA ROSA LAWSUIT  
12.6  
RESOLUTION - MAKING REQUIRED MONTHLY FINDINGS AND  
AUTHORIZING THE CONTINUED USE OF TELECONFERENCING  
FOR PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE  
CITY’S BOARDS, COMMISSIONS, AND COMMITTEES, PURSUANT  
TO ASSEMBLY BILL 361  
RECOMMENDATION: It is recommended by the City Attorney that the  
Council, by resolution, make required monthly findings and authorize  
the continued use of teleconferencing for public meetings of the City  
Council and all of the City’s boards, commissions and committees  
pursuant to Assembly Bill 361.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-226 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA MAKING REQUIRED FINDINGS  
AND AUTHORIZING THE CONTINUED USE OF TELECONFERENCING FOR  
PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE CITY'S  
BOARDS, COMMISSIONS AND COMMITTEES PURSUANT TO ASSEMBLY  
BILL 361  
12.7  
RESOLUTION - TERMINATION OF PROCLAMATION OF LOCAL  
EMERGENCY DUE TO THE 2021 FLOOD  
RECOMMENDATION: It is recommended by the City Attorney’s Office  
that the Council, by resolution, terminate the Proclamation of Existence  
of a Local Emergency, first proclaimed on October 24, 2021 and ratified  
on October 29, 2021.  
Attachments:  
This Consent - Resolution was adopted.  
RESOLUTION NO. RES-2021-227 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA TERMINATING THE  
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY RESULTING  
FROM 2021 FLOOD  
12.8  
ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE  
CITY OF SANTA ROSA ESTABLISHING THE MONTHLY SALARY OF  
$22,500 AND OTHER COMPENSATION AND BENEFITS FOR THE  
CITY MANAGER  
RECOMMENDATION: This ordinance, introduced at the December 7,  
2021 Regular Meeting by a 6-0-1 vote (Council Member Sawyer was  
absent), establishes the salary and other compensation and benefits for  
the newly hired City Manager.  
Attachments:  
This Consent - Ordinance was adopted.  
ORDINANCE NO. ORD-2021-017 ENTITLED: ORDINANCE OF THE  
COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING MONTHLY  
SALARY OF $22,500 AND OTHER COMPENSATION AND BENEFITS FOR  
THE CITY MANAGER  
12.5  
RESOLUTION - MEASURE O CYCLE X CHOICE GRANT PROGRAM  
EXTENSION  
RECOMMENDATION: It is recommended by the Office of Community  
Engagement, that Council, by resolution: 1) extend the term for Cycle X  
of the CHOICE (Community Helping Our indispensable Children Excel)  
Grant Program through June 30, 2022; 2) increase the funding awards  
for the period of January 1, 2022 - June 30, 2022 by $546,000; 3) direct  
staff to enter into funding agreement and/or amendments with approved  
providers; and 4) authorize the City Manager or designee to negotiate  
and execute agreements and any amendments with CHOICE Cycle X  
approved providers and with County of Sonoma for a necessary term  
extension and increase of $50,000 or program monitoring services, all  
of which are subject to approval as to form by the City Attorney.  
Attachments:  
A motion was made by Vice Mayor Alvarez, seconded by Council Member  
Tibbetts, to waive reading of the text and adopt as amended  
RESOLUTION NO. RES-2021-228 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA APPROVING FUNDING  
EXTENSION FOR THE CHOICE CYCLE X GRANT PROGRAM THROUGH  
JUNE 30, 2022, INCREASE FUNDING FOR THE PERIOD OF JANUARY 1,  
2022 THROUGH JUNE 30, 2022 BY $546,000, AND GRANTING AUTHORITY  
TO THE CITY MANAGER TO APPROVE AND EXECUTE FUNDING AND  
RELATED AGREEMENTS  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
The time not yet being 5:00 p.m. to take Item 13 Public Comment on  
Non-Agenda Matters, Mayor Rogers moved on to Report Item 14.1.  
13. PUBLIC COMMENT ON NON-AGENDA MATTERS - NONE.  
14. REPORT ITEMS  
14.1  
REPORT - FY 20-21 MEASURE O ANNUAL REPORT  
BACKGROUND: Ordinance 3680 added Chapter 3-26 to the Santa  
Rosa City Code establishing a special transaction and use tax. The  
special tax measure, known as Measure O, increased sales tax by a  
quarter percent to fund specific Police, Fire, and Gang  
Prevention/Intervention programs, as set forth in the Ordinance.  
The Ordinance also established a seven-member Citizen Oversight  
Committee, with members appointed by the City Council, to annually  
review expenditures and appropriations of the tax revenues to ensure  
that all such revenues are spent or appropriated for the purposes and  
uses set forth in the Ordinance. Each year, an Annual Report is  
prepared by City staff, reviewed by the Citizen Oversight Committee  
and presented to the City Council reporting on expenditures and  
activities during the past fiscal year.  
The tax revenues generated by Measure O are split between Fire  
(40%), Police (40%) and Gang Prevention/Intervention Programs  
(20%), with these revenues spent in accordance with an Implementation  
Plan which was adopted by the City Council.  
RECOMMENDATION: It is recommended by the Finance, Fire and  
Police departments, the Violence Prevention Partnership program, and  
the Measure O Citizens’ Oversight Committee that the Council, by  
motion accept the Measure O Annual Report for FY 2020-21.  
Attachments:  
Veronica Connor, Budget & Financial Analyst Manager, introduced  
the item for presentations by Violence Prevention, Fire Department  
and the Police Department.  
Jason Parrish, presented information on the Violence Prevention  
division and answered questions from Council.  
Jeff Tibbetts, Interim Deputy Director Operations Recreation,  
presented information on Neighborhood Services and answered  
questions from Council.  
Magali, Telles, Director of Community Engagement, presented  
information on Violence Prevention Partnership and answered  
questions from Council.  
Jim Arend, Administrative Service Officer, presented financial  
information for the Fire Department and answered questions from  
Council.  
Fire Chief Scott Westrope presented the operations of the Fire  
Department and answered questions from Council.  
Pam Lorence, Administrative Services Officer, presented financial  
information for the Police Department and answered questions from  
Council.  
Police Chief Ray Navarro presented information on the operations  
of the Police Department and answered questions from Council.  
PUBLIC COMMENT  
Anabel, CVI Board Member, spoke in opposition to the cannabis  
dispensary at the former school site, in support of a multicultural or  
community center with services that support the youth and residents  
in the community.  
Gregory Fearon spoke expressing concerns on the spike of  
expenses for the Police department.  
Ellen Bailey, Chair of the Measure O Citizen Oversight Committee,  
spoke regarding the sunset of Measure O in 2025 and the loss of  
programs and essential services if it is not renewed.  
A motion was made by Council Member Schwedhelm, seconded by  
Council Member Sawyer, to accept the Measure O Annual Report for FY  
2020-21.  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
Mayor Rogers announced he would move on to the Public Hearings starting  
with Item 15.1.  
15. PUBLIC HEARINGS  
15.2  
PUBLIC HEARING - FALL 2021 GENERAL PLAN AMENDMENT  
PACKAGE - 38 DEGREES NORTH PHASE 3 - ADDENDUM TO  
PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION,  
GENERAL PLAN DIAGRAM AND TEXT AMENDMENTS, AND  
REZONING [The Brush Creek Road General Plan Amendment has  
been removed from the Fall 2021 General Plan Amendment  
Package and will be considered at a future meeting in 2022.]  
BACKGROUND: General Plan Amendments are considered three times  
per year in accordance with General Plan policy. This General Plan  
Amendment package includes one project described below and  
requests action from City Council on one CEQA resolution, one  
amendment to the General Plan Land Use Diagram, one amendment to  
the General Plan Text, and one Rezoning ordinance.  
1. 38 Degrees North Phase 3. This Project includes (1) a request to  
adopt an Addendum to a previously approved Mitigated Negative  
Declaration; (2) a request for General Plan Diagram and Text  
Amendments to change the current Medium Density Residential (8.0-  
18.0 units per acre) and Retail and Business Services Land Use  
Designations to Medium High Density Residential (18.0-30.0 unit per  
acre); eliminate the “star” symbol designating the site as a location for a  
Community Shopping Center; remove reference to a Community  
Shopping Center at the site on page 2-12 of the General Plan; remove  
reference to a “Community Shopping Center” in the southeast portion of  
the City in Table 2-4 on page 2-20, under General Plan Policy LUL-E-1;  
Remove reference to a Community Shopping Center at “Petaluma Hill  
Road at Yolanda Avenue” on page 2-22, Policy LUL-G-1; and Remove  
reference to the Community Shopping Center on page 2-30, Policies  
LUL-W and LUL-W-1, and (3) a request for Rezoning from CSC  
(Community Shopping Center) to R-3-30 (Multifamily Residential) for  
those parcels located at 2660 Petaluma Hill Road, which are also  
identified as Assessor’s Parcel Numbers 044-370-002, 044-370-010,  
044-051-073, AND 044-051-055; File No. PRJ21-011.  
RECOMMENDATION: It is recommended by the Planning Commission  
and the Planning and Economic Development Department that the  
Council, by two separate resolutions: 1) adopt an Addendum to the  
previously adopted Mitigated Negative Declaration for the 38 Degrees  
North Phase 2 Project located at 2660 Petaluma Hill Road; and 2)  
approve a General Plan Diagram and Text Amendments changing the  
land use designation for 2660 Petaluma Hill Road from Medium Density  
Residential and Retail and Business Services to Medium High Density  
Residential, removing the “star” symbol from the Diagram and removing  
reference to the Community Shopping Center on pages 2-12, 2-20,  
2-22, and 2-30 of the General Plan. It is further recommended that the  
Council introduce an ordinance to rezone the property located at 2660  
Petaluma Hill Road from the CSC (Community Shopping Center) and  
PD-96-001C to R-3-30 (Multi-Family Residential). The Brush Creek  
Road General Plan Amendment has been removed from the Fall  
2021 General Plan Amendment Package and will be considered at  
a future meeting in 2022.  
Attachments:  
Adam Ross, City Planner, presented and answered questions from  
Council.  
Mayor Rogers opened the public hearing at 6:13 p.m.  
Dave Eadie, Applicant, spoke on behalf of Kennedy Wilson,  
expressing appreciation to staff for their work and guidance, and the  
reason for the General Plan Amendment to add a residential  
component to the site.  
Mayor Rogers closed the public hearing at 6:18 p.m.  
Mayor Rogers recessed the meeting at 6:28 p.m. and reconvened  
at 7:00 p.m.  
A motion was made by Council Member Rogers, seconded by Vice Mayor  
Alvarez, to waive reading of the text and adopt  
RESOLUTION NO. RES-2021-229 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA ADOPTING AN ADDENDUM TO  
THE APPROVED 38 DEGREES NORTH PHASE 2 INITIAL  
STUDY/MITIGATIVE NEGATIVE DECLARATION, INCLUDING A MITIGATION  
MONITORING AND REPORTING PROGRAM, (STATE CLEARINGHOUSE  
NO. 2020060247) FOR GENERAL PLAN AMENDMENTS, ZONING MAP  
AMENDMENT, AND DEVELOPMENT OF 38 DEGREES NORTH PHASE 3, A  
30-UNIT MULTIFAMILY DEVELOPMENT LOCATED AT 2660 PETALUMA  
HILL ROAD, SANTA ROSA, APNS: 044-370-002, 044-370-010, 044-051-073,  
AND 044-051-055, FILE NUMBER PRJ21-011  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
A motion was made by Council Member Rogers, seconded by Council  
Member Tibbetts, to waive reading of the text and adopt  
RESOLUTION NO. RES-2021-230 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE GENERAL PLAN  
DIAGRAM AND TEXT FOR THE 38 DEGREES NORTH PHASE 3 PROJECT  
FROM RETAIL AND BUSINESS SERVICES AND MEDIUM DENSITY  
RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL AND REMOVE  
THE STAR SYMBOL AT THE PROJECT SITE; AMEND THE GENERAL  
PLAN TEXT TO REMOVE REFERENCE TO THE COMMUNITY SHOPPING  
CENTER ON PAGES 2-12, 2-20, AND 2-30 FOR THE PROPERTY AT 2660  
PETALUMA HILL ROAD, SANTA ROSA 044-370-002, 044-370-010,  
044-051-073, AND 044-051-055, FILE NUMBER PRJ21-011 (GPAM21-001)  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
A motion was made by Council Member Rogers, seconded by Council  
Member Tibbetts, to waive reading of the text and introduce  
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA REZONING  
THE PROPERTY LOCATED AT 2660 PETALUMA HILL ROAD, ALSO  
IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 044-370-002,  
044-370-010, 044-051-073, AND 044-051-055, FROM THE CSC (COMMUNITY  
SHOPPING CENTER) AND PD 96-001C TO THE R-3-30 (MULTIFAMILY  
RESIDENTIAL) DISTRICT ZONING - FILE NUMBER PRJ21-011 (REZ21-002)  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming,  
Council Member Rogers, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
5 -  
Present:  
Absent:  
Council Member Victoria Fleming, Council Member Natalie Rogers,  
Council Member John Sawyer, Council Member Tom Schwedhelm,  
and Council Member Jack Tibbetts  
2 - Mayor Chris Rogers, and Vice Mayor Eddie Alvarez  
15.1  
PUBLIC HEARING - APPEAL - OLD SCHOOL CANNABIS -  
CONDITIONAL USE PERMIT 100 SEBASTOPOL ROAD - CUP21-027  
BACKGROUND: On September 23, 2021, the Planning Commission  
approved a Major Conditional Use Permit to allow Old School Cannabis  
(Project) to operate a cannabis facility within an existing building,  
including following cannabis-related uses: 2,350-square-feet of Retail  
(Dispensary) with Delivery and onsite consumption; 17,120-square-feet  
for Commercial Cultivation (5,001-square-feet or greater);  
870-square-feet for Distribution; 500-square-feet of Manufacturing -  
Level 2 (volatile). The virtual meeting was translated in real time by  
professional translators.  
On September 30, 2021 and October 4, 2021, the City Clerk received  
two appeals of the Planning Commission’s decision from two different  
appellants.  
RECOMMENDATION: It is recommended by the Planning and  
Economic Development Department that the Council, by resolution,  
deny two appeals submitted by Duane DeWitt and Evette Minor and  
uphold the Planning Commission’s decision to approve a Conditional  
Use Permit for Old School Cannabis to allow a Cannabis business  
including Retail (Dispensary) with Delivery and onsite consumption,  
Commercial Cultivation, Distribution, and Manufacturing - Level 2  
(volatile) at 100 Sebastopol Road, File No. CUP21-027.  
Attachments:  
The following ex parte communications were made by Council:  
Council Member Schwedhelm toured the site, spoke with his  
appointee on the Planning Commission and the Chair of the  
Planning Commission, and no new information was learned that was  
not contained in the public record.  
Council Member Fleming had a conversation with an agent from the  
421 Group and no new information was learned that was not  
contained in the public record.  
Council Member Sawyer spoke with his Planning Commission  
appointee and received calls from the applicant and no new  
information was learned that was not contained in the public record.  
Kristinae Toomians, Senior Planner, presented and answered  
questions from the Council.  
Karen Weeks, Chair of the Planning Commission, provided an  
overview of action taken at the Planning Commission meeting  
related to this item.  
Applicant Nayeli Rivera presented information on their project.  
Appellant Evette Minor presented information related to the appeal  
of this item and her experience in trying to file the appeal.  
Appellant Duane De Witt presented information in opposition to the  
project.  
Applicant Nayeli Rivera responded to the Appellants concerns.  
Mayor Pro Tem Sawyer opened the public hearing at 8:28 p.m.  
Janice Siebert, President of the Roseland School Board of  
Trustees, spoke on behalf of the board who is in opposition to the  
project.  
Concepcion Domingez spoke in opposition to the project and in  
support of what the community wants and needs.  
Ricarda Suarz spoke in opposition to the project and asked Council  
to uphold the appeal.  
Christina Augliar spoke in opposition to the project.  
Manny Morales, Latinx Student Congress, spoke on submitting over  
900 signatures in opposition to the project and submitted an  
additional petition with over 200 signatures.  
Rafael Vasquez, Advisor for Movimiento Estudiantil Chicanx de  
Aztlán (MEChA), spoke in opposition to the project and expressed  
concern on the violation of the Open Government Ordinance by the  
Council and Planning Commission by having meetings in the  
afternoon when most people are working.  
Sierra Lewitter spoke in support of the appeal and expressed  
concern about marginalizing a population that has been historically  
marginalized, and the project being an environmental racism issue.  
Daisy spoke in opposition to the project and her concerns on the  
safety and health of the community.  
Jobell spoke in support of the project and her concern the building  
has been vacant for a long time.  
Elizabeth Avila spoke in support of the appeal and the need to  
provide the community a space to thrive.  
Woody Hastings spoke in support of the residents who oppose the  
project.  
Veronica spoke in support of upholding the appeal and gathering  
signatures in opposition to the project.  
Mike spoke in support of the project.  
Mia Valencia spoke in support of the project and that it gives the  
community an opportunity to learn about the industry..  
Anonymous spoke in support of the project and the opportunities it  
provided him.  
Isabel Lopez, Executive Director Isis Collective, spoke in support of  
the appeal and the need for a permanent library in Roseland.  
Ashley Oldham spoke in support of the project and her offense to  
the term of "drug dealers" being used in reference to the industry.  
Jesus Perez spoke in opposition to the project and expressed his  
concern the community's voices are not being taken into  
consideration, not being informed of the meeting and not having  
access to information.  
Ryan spoke on the project being an opportunity to bring new  
construction to the area and in support of the project.  
Michelle Saxton spoke on tax paying businesses being able to  
provide libraries and community centers and in support of the  
project.  
Ryan spoke on being involved with the canvassing efforts for the  
project.  
Ross spoke in support of the project.  
Virginia spoke in opposition to the project and asked Council to  
uphold the appeal, expressing the need for the community to have  
other services and a library.  
Martin Payne spoke in support of the project.  
Max Bell Alper, Executive Director Jobs with Justice, spoke on  
behalf of the organization in opposition to this project and expressed  
concern that the desires of the Roseland community are not given  
the same opportunities as other areas in the city.  
June Brasharis spoke urging Council to listen to the community and  
expressed concern on the lack of equity in providing information  
related to the project.  
Dennis Hunter spoke in support of the project.  
Chris Donnelley spoke on the potential economic benefit the project  
will have in the community and in support of the project.  
Camille spoke in support of the project and the benefits it will bring  
to the community to support local business owners.  
Andrew Kramer spoke in support of the project.  
Silvia spoke in opposition to the project, urging Council to uphold the  
appeal and expressed concern the public was not made aware of  
the type of project being located at the location.  
Eliseo Pachuca spoke in opposition to the dispensary.  
Maria, Jackie Torres, and Carolos, spoke in support of the project  
by expressing it will provide employment and be a benefit to the  
community.  
Ana spoke in support of the appeal and for Council to provide  
something the community can take pride in.  
Rosa Lopez spoke in support of the project that will provide  
education on the product and jobs to the community.  
Juan Rivera spoke in support of the project being beneficial to the  
community.  
Marlene spoke expressing concern on the community passing  
judgment without educating themselves, and the project being an  
opportunity to gain some education to help the community.  
April spoke on the City having an opportunity to purchase the  
property with ARPA funds to build a multi-cultural center, and that  
cannabis is a federal offense for undocumented and mixed  
documented people who make up a large portion of Roseland.  
Robyn spoke in support of the project.  
Marcela spoke in opposition to the project and expressed her  
environmental concerns.  
Patricia Moreno spoke in support of the appeal, expressing her  
concern that it was not presented clearly and equitably to the  
community.  
Mayor Pro Tem Sawyer closed the public hearing at 10:35 p.m.  
A motion was made by Council Member Tibbetts, seconded by Council  
Member Schwedhelm, to waive reading of the text and adopt  
RESOLUTION NO. RES-2021-231 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA DENYING TWO SEPARATE  
APPEALS AND UPHOLDING THE DECISION OF THE PLANNING  
COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR OLD  
SCHOOL CANNABIS TO ALLOW 2,350-SQUARE-FEET OF RETAIL  
(DISPENSARY) WITH DELIVERY AND ONSITE CONSUMPTION;  
17,120-SQUARE-FEET FOR COMMERCIAL CULTIVATION  
(5,001-SQUARE-FEET OR GREATER); 870-SQUARE-FEET FOR  
DISTRIBUTION; 500-SQUARE-FEET OF MANUFACTURING - LEVEL 2  
(VOLATILE) WITHIN AN EXISTING BUILDING, LOCATED AT 100  
SEBASTOPOL ROAD; ASSESSOR'S PARCEL NO. 125-181-023; FILE NO.  
CUP21-027  
The motion carried by the following vote:  
4 -  
Yes:  
Council Member Rogers, Council Member Fleming, Council Member  
Sawyer, and Council Member Schwedhelm  
1 - Council Member Tibbetts  
No:  
2 - Mayor Rogers, and Vice Mayor Alvarez  
Abstain:  
Mayor Pro Tem Sawyer recessed the meeting at 11:19 p.m. and Mayor Rogers  
reconvened at 11:30 p.m.  
7 -  
Present:  
Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member  
Victoria Fleming, Council Member Natalie Rogers, Council Member  
John Sawyer, Council Member Tom Schwedhelm, and Council  
Member Jack Tibbetts  
14.2  
REPORT - APPROVAL OF SHARED SCOOTER SYSTEM PILOT  
PROGRAM  
BACKGROUND: The evolution of Shared Mobility Devices (SMDs) has  
surged in the last several years. Examples of these devices include  
electric scooters and electric bikes.  
After receiving direction from the City Council study session in  
November 2020, staff began the process of developing a draft set of  
permit conditions for a shared scooter system pilot program.  
Over the past year, staff has met with internal departments and  
gathered information from other jurisdictions with scooter programs in  
order to develop a permit process for a pilot program.  
RECOMMENDATION: It is recommended by the Transportation and  
Public Works Department that the Council, by resolution: 1) approve the  
City of Santa Rosa’s Shared Scooter System Pilot Program; and 2)  
authorize the Assistant City Manager and/or Director of Transportation  
and Public Works or designee to modify permit conditions, issue and/or  
revoke permits, and/or limit and/or suspend the operation of a shared  
scooter system.  
Attachments:  
Nancy Adams, Transportation Planner, presented and answered  
questions from Council.  
PUBLIC COMMENTS  
Eris Weaver, Sonoma County Bicycle Coaliton, spoke on being  
excited about the pilot program, asked Council to adopt a policy to  
help avoid conflicts between scooters and cyclists, and expressed  
concern about parking when bike racks are in short supply.  
A motion was made by Council Member Fleming, seconded by Council  
Member Tibbetts, to waive reading of the text and adopt as amended  
RESOLUTION NO. RES-2021-232 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SHARED  
SCOOTER SYSTEM PILOT PROGRAM AND AUTHORIZING THE  
ASSISTANT CITY MANAGER / DIRECTOR OF TRANSPORTATION AND  
PUBLIC WORKS OR DESIGNEE TO MODIFY PERMIT CONDITIONS, ISSUE  
AND REVOKE PERMITS, AND LIMIT OR SUSPEND THE OPERATION OF A  
SHARED SCOOTER SYSTEM  
The motion carried by the following vote:  
7 -  
Yes:  
Mayor Rogers, Council Member Rogers, Vice Mayor Alvarez,  
Council Member Fleming, Council Member Sawyer, Council Member  
Schwedhelm, and Council Member Tibbetts  
14.3  
REPORT - EXTENSION OF COVID-19 RELATED TEMPORARY  
PARKING USER FEE REDUCTIONS THROUGH JUNE 30, 2022  
BACKGROUND: Certain business operations have been required to  
reduce indoor operations since March 2020 due to COVID restrictions  
and have experienced revenue losses and staffing reductions. To assist  
the business community, an extension of certain temporary parking user  
fee reductions and a waiver of parking reservation fees associated with  
outdoor seating areas is proposed.  
RECOMMENDATION: It is recommended by the Finance Department  
that the Council, by resolution, authorize an extension through June 30,  
2022 of: 1) the first hour free at the 3rd Street, 5th Street and D Street  
garages (first hour is already free at the 1st and 7th Street garages); 2)  
free parking at all five garages, Monday- Friday from 5PM to 6AM  
(Parking is already free from 1AM to 6AM); 3) free parking at all five  
garages on Saturday and Sunday (the D Street and 5th Street garages  
already have free parking on Sunday); 4) one free metered parking  
session using the Passport mobile payment application, up to $3.15 in  
value, to a maximum of $31,500.00 since inception on July 1, 2020; and  
5) a waiver of meter reservation fees for temporary parklets, outdoor  
seating and retail to expand business footprint to meet physical  
distancing requirements related to COVID-19 health order.  
Attachments:  
Alan Alton, Interim Chief Financial Officer, presented and answered  
questions from Council.  
No public comments were made.  
A motion was made by Council Member Sawyer, seconded by Council  
Member Tibbetts, to waive reading of the text and adopt  
RESOLUTION NO. RES-2021-233 ENTITLED: RESOLUTION OF THE  
COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE EXTENSION  
OF A TEMPORARY REDUCTION AND WAIVER OF CERTAIN PARKING  
FEES THROUGH JUNE 30, 2022  
The motion carried by the following vote:  
5 -  
Yes:  
Mayor Rogers, Vice Mayor Alvarez, Council Member Sawyer,  
Council Member Schwedhelm, and Council Member Tibbetts  
2 - Council Member Rogers, and Council Member Fleming  
No:  
16. WRITTEN COMMUNICATIONS - NONE.  
17. PUBLIC COMMENTS ON NON-AGENDA MATTERS  
No public comments were made.  
18. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO  
CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO  
OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED]  
19. ADJOURNMENT OF MEETING  
Mayor Rogers adjourned the meeting at 12:31 a.m. in memory of  
Marie Durkin.  
20. UPCOMING MEETINGS  
20.1  
UPCOMING MEETINGS LIST  
Attachments:  
This item was received and filed.  
Approved on: February 15, 2022  
/s/ Stephanie A. Williams, City Clerk